Bills
| 3.23.22

Reforming How the VA Treats Mental Health Conditions Brought On by Sexual Assault (H.R. 1607)

Do you support or oppose this bill?

What is H.R. 1607?

(Updated July 21, 2017)

This bill would direct the Secretary of Veterans Affairs (VA) to reform how the VA provides mental health care to veterans who claimed that their condition was caused by sexual assault during active duty.

In all cases where a veteran makes such a claim, the VA would be directed to:

  • Accept a diagnosis by a mental health professional along with the professional’s opinion that the mental health condition was caused by the assault during their time in the military. This would be taken as satisfactory evidence even if there’s no official record of the assault occurring.

  • Any issue of reasonable doubt would be resolved in favor of the veteran, though the service-connection aspect of the claim could be rebutted by clear and convincing evidence to the contrary.

Covered mental health conditions would include post-traumatic stress disorder (PTSD), anxiety, depression, or any other mental health diagnosis that the VA determines is related to military sexual trauma.

For each year between 2016 and 2020, the VA would be required to provide a report to Congress on claims for covered mental health conditions that were submitted.

This bill — the Ruth Moore Act — is named after a woman who joined the Navy and was raped twice by her supervisor. After being assaulted, she suffered from PTSD, depression, attempted suicide, and became homeless. She has also had to struggle with the VA for more than 23-years before she was finally able to collect disability benefits.

Argument in favor

This bill would improve VA treatment of vets who were sexually assaulted while they served our country. This bill acknowledges that sexual assault happens in the military, and ensures that survivors can get the help they need.

Argument opposed

Congress needs a more comprehensive solution to deal with military sexual assault. The VA deals with the aftermath — which is necessary, but the military needs reforms that will prevent assault in the first place.

Impact

Veterans who submit claims covered by this legislation, mental health professionals, the VA, Congress.

Cost of H.R. 1607

A current CBO cost estimate is unavailable. However, the CBO did estimate in May 2013 that implementing this legislation would reduce spending by $15 million over the 2014-2023 period, while costing about $4 million between 2014-2018.

Additional Info

Of Note: Roughly 20,000 service members are sexually assaulted every year, and as many as 500,000 have been assaulted over the last 50 years.

In-Depth: This bill’s sponsor, Rep. Chellie Pingree (D-ME), notes: 

“The sexual assault of someone who has volunteered to serve and defend this country is a crime and shouldn’t be tolerated. But when it happens we have to do everything we can to make sure the survivor gets the benefits they deserve. To do that we need to change the way these claims are treated at the VA.”

A similar version of this bill was passed unanimously in the House in June 2013 but failed to receive a vote in the Senate.during the 113th Congress.


Media:

Summary by Eric Revell
(Photo Credit: Flickr user Kenny Holston 21)